Title 5, Government Organization and EmployeesRelease 119-102

§802 Congressional Disapproval Procedure

Title 5 › PART I — THE AGENCIES GENERALLY › CHAPTER 8 — CONGRESSIONAL REVIEW OF AGENCY RULEMAKING › § 802

Last updated Aug 21, 2026|Official source

Summary

Lets Congress use a special joint resolution to cancel a federal rule. The resolution must be introduced within 60 days after Congress gets the report about the rule (not counting days when either House is in a break longer than 3 days). The resolution must say Congress disapproves the named rule and that the rule has no force. The “submission or publication date” is the later of the day Congress gets the report or the day the rule is published in the Federal Register. When introduced, the resolution goes to the proper committees. In the Senate, if a committee has not reported it within 20 calendar days after the submission or publication date, 30 Senators can petition in writing to have the committee discharged and put the resolution on the calendar. After a committee reports it or is discharged, a motion to consider the resolution is allowed at any time, with most objections barred. Debate is limited to 10 hours, split evenly for and against. No amendments, postponing, or recommitting are allowed, and the final vote happens right after debate (with one quorum call if requested). Appeals of the Chair’s procedural rulings are decided without debate. The 60-session-day deadlines and the special timing rule for reports submitted near the end of a session apply. Each House treats these steps as part of its rules and may change them.

Full Legal Text

Title 5, §802

Government Organization and Employees, Source: USLM XML via OLRC

(a)For purposes of this section, the term “joint resolution” means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress disapproves the rule submitted by the __ relating to __, and such rule shall have no force or effect.” (The blank spaces being appropriately filled in).
(b)(1)A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.
(2)For purposes of this section, the term “submission or publication date” means the later of the date on which—
(A)the Congress receives the report submitted under section 801(a)(1); or
(B)the rule is published in the Federal Register, if so published.
(c)In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the submission or publication date defined under subsection (b)(2), such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.
(d)(1)In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
(2)In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.
(3)In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
(4)Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.
(e)In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a rule—
(1)after the expiration of the 60 session days beginning with the applicable submission or publication date, or
(2)if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.
(f)If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:
(1)The joint resolution of the other House shall not be referred to a committee.
(2)With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution—
(A)the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
(B)the vote on final passage shall be on the joint resolution of the other House.
(g)This section is enacted by Congress—
(1)as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Reference

Citations & Metadata

Citation

5 U.S.C. § 802

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102